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HomeMy WebLinkAboutKIN 87 051 Cls/Stp/Sell Mechnic ---r---' 1 THE CORPORATION OF THE TOWN OF KINCARDINE BY-LAW NO. 1987-51 . TO CLOSE, STOP UP AND SELL A PART OF THE MUNICIPAL ROAD ALLOWANCE LYING WEST OF PRINCES STREET AND SOUTH OF LOTS 30 AND 31, SOUTH SIDE OF MECHANICS AVENUE, PLAN 4 WHEREAS Section 298(1) of Chapter 302, as amended, municipality to pass by-laws highways; the Municipal permits the for stopping up, Act, R.S.O. 1980, council of every closing and selling AND WHEREAS it is deemed expedient in the interest of The Corporation of the Town of Kincardine, hereinafter referred to as the Corporation, that the road allowance set out and described in Schedule "A" attached hereto be closed and stopped up and the land sold; AND WHEREAS notice of this by-law has been published once a week for four consecutive weeks in the Kincardine Independent, a newspaper published in the Town of Kincardine; AND WHEREAS the Council of the said Corporation has heard in person or by its counsel, solicitor or agent, all persons claiming that their land will be prejudicially affected by this by-law and who applied to be heard; NOW THEREFORE, the Council of The Corporation of the Town of Kincardine ENACTS as follows: 1. The Council of The Corporation of the Town of Kincardine does hereby stop up and close to vehicular and pedestrian traffic, that part of the municipal road allowance lying and being more particularly described in Part I of Schedule "A" attached. 2. Council authorizes the sale of the lane described in Part I of Schedule "A" to the adjoining owners and fixes the price at which the lane is to be sold at $2,500.00 and fixes the period within which the abutting owners shall have the right to purchase that part of the said lane upon which his land abuts to be the period from the date of passage of this by- law to the 15th day of September, 1987. 3. If the adjoining owners do not exercise their right to purchase the lands described in Part I of Schedule "A" within the period set out in paragraph 2 of this by-law, Council authorizes the sale of the lands described in Part II of Schedule "A" to William Bowers on the terms and conditions as set out in an Agreement of Purchase and Sale attached hereto as Schedule "B". 4. The mayor and the clerk are herby authorized to execute all documentation in connection with the closing and sale of the said lands. e 5. There shall be attached to this by-law as Schedule "CO, the affidavit of Ronald R. Shaw, Clerk of The Corporation of the Town of Kincardine, setting out the procedures taken for publishing and posting of the said notices pursuant to the provisions of the Municipal Act. 6. The Clerk of The Corporation of the Town of Kincardine is hereby authorized and instructed to register a copy of this by-law in the Registry Office of Bruce (No.3) in Walkerton, Ontario. . . Page 2 READ a FIRST and SECOND time this 2nd day of July, 1987. ~~-~~~ READ a THIRD time and FINALLY PASSED this 20th day'óf August, 1987. ..: .............. Mayor '---- . . SCHEDULE "A" PART I That certain parcel or tract of land situate, lying and being in the Town of Kincardine, in the County of Bruce and being composed of part of the lane lying between the lots north of Broadway and south of Mechanics Avenue, Registered plan 4 and being more particularly described as parts 3 and 4 on Reference Plan 3R-4142 PART II That certain parcel or tract of land situate, lying and being in the Town of Kincardine, in the County of Bruce and being composed of part of the lane lying between the lots north of Broadway and south of Mechanics Avenue, Registered Plan 4 and being more particularly described as Part 3 on Reference plan 3R- 4142 . . SCHEDULE "C" AFFIDAVIT OF RONALD R. SHAW 1. I am the Clerk of The Corporation of the Town of Kincardine and as such have knowledge of the facts hereinafter deposed to. 2. I caused notice of a proposed by-law for stopping up, closing and selling a portion of the municipal road allowance lying west of Princes Street and South of Lots 30 and 31, South side of Mechanics Avenue, Plan 4, to be published in the Kincardine Independent on the following dates: (i) June 3, 1987 ; (ii) June 10, 1987; (iii) June 17, 1987; (iv) June 24, 1987; 3. Attached hereto as Exhibit "A" to this my affidavit is a copy of the actual Notice which was published in the Kincardine Independent on each of the above mentioned dates. 4. The proposed by-law came before Municipal Council on the 2nd day of July, 1987, and no one appeared in person or by Counsel to make representation with respect to the proposed by-law. SWORN before me at the Town of Kincardine in the County of Bruce, this 29th day of July 1987. ) ) ) ) ~ A Commissioner, etc. Deputy Clerk, Town of Kincardine SCHEDULE "B" . Newsome and Gilbert. Limlled Forrr\oLFIO\O (l/IS) ....i' c' Reybec1 f'ebnnaJ1, 1985 (@ffer tn 1turd,une AGREEMENT OF PURCHASE AND SALE lAW. .William...Bower.s.................. Town Kincardine ... of ... ...................................... ... .................".....................................................,............."..""............ .............. orlhe .. (as Purchaser). hovinl inspeeled lbe propeny. hereby The Corporation of the Town of Kincardine aBret'o and wilh.. . ..... .. ................................. .......................................... .......................................................... . .rough .. no.... ......... .. ............. . '0 purchase AII,nd SinDular Ihe premises on Ihe ...W.est. ..... side of. . ..Pr.i,nc;.es..Str..eet. ... Cas Vendor) Agenl ror Vendor in Ihe .. ..Town .-...........,.. .... of... Ki,ncaróine..................... known UI part of rronlage of outlined 1J6~ the 33. .foot. . lane known .as..Mechanics..Lane. having, 33 feet onl?r~nCEfu%re~hfsr.Wylj, deplh 01 96..~}9.. ..~.E!et . ... ninre or I.... hein. . shown in red on sketch attached hereto ....~~iIoJmX ........... ...... H~_1iiUj¡,xX_!.IKo! !~atXDfJll1r !MtfØt 1J6~~¡<¡_JiK .......................... (herein called 'he ··real properly'·) ,"h. price of. TWO.. THOUSAND ,. F.IVE HUNDRED-,.,,.,-,,,.,..--,,,,,,,,,,.,.,.,-.,..,.--.,..,.-Dolla,, IS 2,500.00 olluwI,,1 mon.y 01 C"n.d., puyable ~~~~ue ..... ().t'lEIIIJ.t'I, )];l¡;;D:-.:::::::::.:::::::::::::::.::::-::::::.:::::::::::: Doll." ($ :L 00. 00 1o Ihe suid ^t!:enUVendor on Ihis dAle n~ a depo~illo be held in 'rust pending completion or other termination of Ihls Al!reement Dnd 10 be c:redi,~d on uceount 01 the purcha.. price on clo.ing, and agr...o pay the balance of the purchase price, subject to the usual adjustments, to the vendor's solicitor on closing. The purchaser agrees to reimburse the vendor for the costs of publishing notice of the proposed by-law to stop"'up and sell the real property pursuant to Section 301 of The Municipal Act, R.S.O. 1980, Chapter 302. The purchaser's solicitor shall prepare the deed and by-law and at the purchaser's expense and the purchaser shall pay the reasonable legal costs in connection with the road closing. This Offer shall be conditional upon the passage of " the necessary road closing by-law and in accordance with the provisions of The Municipal Act, failing which this Offer shall become null and void and the purchaser's deposit shall be returned to him in full without interest or deduction. The Vendor represents that IS at the date of acceptance hereof the Vendor has not received from any municipal or other governmental RUlhorlly any deficiency notice or work order aflectina the real property pursuant to which any deßclenc:ies are required to be remedied or any demolition, repairs or replacements are required to be carried ou.. If the Vendor receives any uch deficiency notice or work order after the date of aeeeplance hereof, the Vendor shan rorthwith produce Ame to the Purchaser for inspection. II by the date of closing the Vendor has not eUher (a) complied with .uc:::h deficiency notice or work order, or (b) seUled with the Purchaser any question of an abatement of the purchase price arisin, out of such defICiency notice or work order. the rurchftSef may a' his option either (a) accept the real property subject to such defic:::iency notice or work order or (b) terminate this Acreement. In the event of termination.. aforesaid, .U moneys paid hereunder shall be returned to the Purchaser without inlered or deductions. The spouse of the Vendor shall consenl to this Agreement, and shall agree to consent to the transaclion evidenced by the deed or transfer. Tenllncy,.if any N/A . . . The purchase .,rice herein shall include the followinG. free and clear of encumbrances: . An fhUurc!i. which !ihall remain nmxed '0 the real proprrlY. ueert lhe fallowine fixtures which may be n:n10ved by lhe Vendor prior 10 do,ing: N/A The fOllowing chunels ull of which are ownt!d by the Vendor: N/A Thi, OIT."h"n b. irrevneubl. hy the Purcha..r ..nlil 11: 59 p.m. on .he 24th duyof April, 19 87 .. ". after which time. if not accepled, Ihis Offer shall be null and void and the deposit rtlurned to lhe Purchaser without inleres' or deduction. Provided Ihe title Is ROod and free from an encumbrances. except as .fores.ld, and except local ratea. and except al to any registered restrictions or covenant. that run with the land pro~ided Ihat lOCh are complied with, and ex.cept for any minor euemenlJ for hydro, las, telephone or like services. Purchaser to .ccept the real proper'" subject to mu~5clpal 8M other IOYernmental requirements. Includina building and zoning by·la.ws. regulations and orders, provided the ..me hive been complied with. Vendor .,rees 10 authorize municipal and other ,overnmenlal authorities 10 release unto the Purchaser or his toIidtur any Information oa liIe pertlllnlD, to IUC~ requirements. until closinq The Pureh..er to he allowed / '''~Io101UIDI:iOJ(ItlI: IOOJC_ 10 In...tI.ote the IllIe at his own ..pense, and to .atlsfy hlmseU thaI there Is no breach or municipal or olher IOftmmelda' requirements aß'ectlnl the rea' properly. and that its present use may be lawiully (Qntinued. Ir .Ithln the time allowed for examlnln. title. the Purchaser shan 'urnish the Vendor in writin. with .ny vaUd objection to tille, or to any brellCh of municipal or other ,overnmental requirements. or I' to the fact that the preent use may not Jawfully be continued. which the Vendor shan be unable or unwnUn. to remove, remedy or satisfy and which the Purchaser win not wain, this ^Ireement shan, notwithstanding .ny Intermediate acts or nelO1lallons, be null and void lind the deposit money returned to the Purchaser. without Inlerest or deduclions and the Vendor and the Alent shan DOl be liable 'or any costs or damaps. S8ft .s to any ..lid objection 10 made within luch I~me. the Purchaser .hall be conclusively deemed to ha" accepted the Vendor·, title to the real property. NeWtlome ."d Ollbert, Limited Form.LFI091 (2/IS) Oller to Pu'l:hase Page! Reylsed Febr1WJ, 198 The Purchaser shall not caU for the produelion of any tille deed. abstrac:l, surveyor other evidence of IlIle exup. luch as Ire in the rOS5ession or conlrol of Ihe Vendor. The Vendor agrees that he wUI deliver any existing survey to the Purchaser .so soon .5 possible and prior 10 Ihe lall day allowed for uaaaininB lille. This Agreement shall be comr1eted on or bdore the 30th day of June possession of Ihe real properlY shall be aJven to the Purchaser unless otherwise provided for herein. , 19 B 7 on whil:h dale ...acanl Unlil completion of sale all buildinp and equipment on the real property shall be and remain It the risk of the Vendor. and the Vendor will hold aU policies of insurance effected on the property and the proceeds thereof In trust for the parties herdo, al their inter~sts may appear. . the event of damaBe to the slid buildinp and equipment belore the completion of this transaction, the Purchaser .hall have the riahl to elect _ lake luch proceeds and complete the purchase, or cancel this Alreement, whereupon the Purchaser shan be entitled to the return, wilhou. , terest or deduclion, of all moneys theretofore paid on account of this purchase. Vendor qrea to farnish Purchaser with ICOpie:s of ulstin. fire 7insurahce policies wilhin seven day. of the dale of acceptance hereof. Unearncd firc insurance premiurm. fuel. tllxes" interest. rental., and all local improvement and waler rates and olOOr charges for muni· cipl" improvement!¡ to be apportioned unci allowed 10 the dole of completion of lude (lhe day il~e1f to be ap"ortioned 10 the Purchu!ier). Provided r,urchuscr may cicci not 10 Iccel'l u.,ignmenl of fire in.oçUrunce in which case no adjuslment for insurance premiums. The deed or traßsrer, save for Land Transfer Tax Affidavit, to be prepared at the expense or the Vendor In a form acceptable to the Purchaser . and if a morlaage or charge is to be .¡ven back, it shall be prepared at lhe expense of the Purchaser in a form acceptable to the Vendor. Provided thaI Ihis Agreement ¡hall be eReclÎve only if the pro...isions or Seclion49 of the Plannin. Act, IS amended. are complied with. Th. d.ed or Iransfer .hall ...nlala the stalemenl of Ihe Vendor .... th. V.........lOlkltor rei."" 10 .. '''''011 ., (Zh) of th. PI...wlnl Ado 1983 as amended. "I.'Ii;:v.;¡iIöi'..¡;.:e.;e.it9-nø.__.........._.............."'wI..... II__~~"RI_..............__ plfllOor,tnsuhot>ltlTlIInImr f~..n.ld.I"..lmmrt..._ThlnnmlllllywhaH..an "·flln..mp'._..Hh..._....- The Vendor represents and warrants that no conHnt to tbls tnnsaellon Is required pUI'SUBn' to sedloR 42 of the Famlll Law Reform Ad, uolen 'he Vendor's spouse bas execu'ed this eareement '0 CODHJ1' 'here'o, Rnd tnt 'he deed or 'ransfer shan contain ... elRtl.".t 01' ....e-- ..en' by the Vendor as required blsubsecU_ (3) of 8edloa 4Z 01' the ~lISe of 'he Veador ,haU exeeatelWCb deed or transfer to nøSeIIt 'bereto. Vendor fUrl her aø:rees to produce evidence that he 15 not now and that on closin, be will not be a non~Jetident of Canada within the meaning of Section 116 of the Income Tax Act, or, In the allemalivl, evidence that the provisions of nid Section 116 reaantin. disposition of properlY by 8 non-resident person have been complied .ilh at or before closinl. This Offer. ""hen accepled. shall constilute a bindinl conlrael of purchase and sllle, and time In all rC'speds shall be of the essence of this A,rtement. " '. 11 is .greed that Ihere is no representation. warranty. collateral agreement or condition aRecline this Acreement or the real property or supported hereby other than as expressed herein in "ritin.. Any tender of documenls or money hereunder may he mlu.le upon the Vendor or Purchaser or upon lhe solicitor acting for the p.rcy on whom lender is desired, and it shall be sufficient lh_t II cheque certified by a chtrtered bank or trusl company be tendered ¡nslead or cash. ~~~XDfJU&H:I6K11q1ii1fJlIHI:_XiI[H»" ~IIIHIH. This Offer and ils acceplance 10 be read wilh an chances of gender or number required by the conlnl. DATED al Kincardine Ihis 16th day 01 Apr 11 , 1987· IN WITNESS WHEREOF SIGNED, SEALED AND DELIVERED I haye hereunlo set my hand and ...1. ?~~ 'Þ. ¡:::-~ . wi~~·:z;.ïw~~~..uu..u....u. el J' In Ihe presence of: the vendor XMft. hereby accepSthe I,bove olTer. and covenant, promi5e and agree to and wilh the above-named Purchaser to duly carry out.lhe same on the lerms Rnd condilions above menlioned. and hereby IcceplShe deposit of S 100. 0 0 euHtf~M-ec~'" he~""MI"'eMMJ-.«g. HMI"'-- --- __~sioQ.ot.. __ ___-Pl,e.c,;eaa..oLan..;U1uwa.LequuL iO.Jbe.a.bcw&.IIIen&ioned..sa1e p"'r~ r.øØlmissioa. p;aJtbtevnt)'if;aramtwh~nrml\:timrin:ompletcd:- r· :1' "., ". '.¡1·! I, ":1 ., 1<.' t'· ., t ..... ........,.. .~.... -.. "':.',...' .;:..;;. :·..····h~·häit¡. ..., .......... .......".,.,,,.....,.....,.......... f Am. S.al) AÞlDJ,-- h¡reem..t-..... agree t<I-<.......,H" th..lr_et.......W.nee4.¡,,.Iheo.....,.,.Ir_..~- ! " ...........øl.J.bc..aa/d 3Iendar,Joor£b¥.<:ØNOIIUA JIW_ DATED at . the '. IN WITNESS WHEREQF Y the proper s1gning SIGNED, SEALED AND DELIVERED Kincardine this day or April, corporate seal of the vendQr has ~~~~~xxxxx~xx~~ officers in that behalf. THE. ..~'. OF:.'TJ:JE Ma 1987. been hereto affixed . ..' TOWN OF KINCARDINE ............... (Am. S..II In 1M presence of: (AIIb S..I) p.-, , - .~ ---....-,,-.-,. . ~" --- - - TOWN OF KINCARDINE ROAD CLOSING THE PROPOSEO STOPPING UP. CLOSING AND SELLING Of PART Of THE MECHANICS LANE MUNICIPAL ROAD ALLOWANCE WEST Of PRINCES STREET RUNNING BACK 60.4 METRES. NOTICE is herebniven pursuant to Section 30101 The Municipal Act. R.S.O. 19aO, Chapter 302 that the Council 01 The Corporation 01 the Town 01 Kincardine proposes to pass a by-law to stop up, close and sell part 01111. Mechanics lane road allowance located west 01 Princes Slreet runnina back 60.4 melres. The parcel in question is approlimately 10 met..s by 60.4 metres consisting 01 an area 01 approlimately 604 squall metIes. The proposed pliln. by-law, and description showing the lands affected may bevi_~ in the cle....'s officutthe Town Hall. 101 Queen Streel. Kincardine, Ontario. On Thursday, July 2, 1981 at 1:30 p.lII. in the Council Chambers. Town Hall. 101 Queen StIeet, Kincardine. the Council ollheCorporation 01 the Town 01 Kincardine will hear, in person, or by counsel. solicitor or agent, any person wilD claims his or her land will be prejudicially affected by the said by-law and who applies 10 be heard. Any person who wishes to be heard should. as Sooft as possible, make application to: Ronald R. Shaw Clerk-Administratol Town 01 Kincardine 101 Queen Street KINCARDINE. Ontario N2Z IZ9 THIS IS EXHIBIT "A" REFERRED TO IN THE AFFIDAVIT OF RONALD R. SHAW SWORN BEFORE ME THIS 29th DAY OF JULY, 1987 ) ) ) ) A Commissioner, etc. Deputy-Clerk, Town of Kincardine .